General provisions.
The Portal https://www.experienceabanomontegrotto.com (''Portal”) hosts a technological platform (''Platform''), designed and developed by “feratel media technologies AG -6020 Innsbruck · Maria-Theresien-Straße 8” and managed by RTI Destination Pd – Terme e Colli whose subjects are:
- Bologna Welcome S.r.l.- BW Incoming, with registered office in Bologna, Piazza Nettuno 1 Postal Code40124, VAT number 03348911201, Taxpayer’s Code 03348911201, Registration in the Bologna Register of Companies no. 03348911201, REABO 512155, owner of the Travel and Tourism Agency Authorisation no. PG 85128/2014 issued on 29 May 2014 by the Province of Bologna, pursuant to Regional Lawof Emilia Romagna no. 7 of 31 March 2003 as amended.
- Società Cooperativa Culture, with registered office in Corso del popolo, 40 – 30172 Venezia Mestre, Registration in the Venice Register of Companies under REA VE no. 286996, VAT Reg. No. and Taxpayer’s Code no. 03174750277, tel. 041 0991100.
- CONSORZIO DESTINATION MANAGEMENT ORGANIZATION PADOVA with registered office in Padova, Piazza Insurrezione XXVIII Aprile 45 n.1/A, Taxpayer’s Code and Registration in the Padua Register of Companies 04559790284
The platform allows third party suppliers (“Third Party Sellers”) to contact buyers for the purpose of the sale of tourist services on-line (''MarketPlace''). The Third Party Sellers can also offer and sell their services on the MarketPlace and enter into the related purchase and sales agreements with the Users.
Therefore, users can purchase services from RTI Destination Pd – Terme e Colli specifically from BW incoming and services of Third Party Suppliers on the Portal. It is always clearly indicated on the Portal if the service is sold by RTI Destination Pd – Terme e Colli - BW incoming or by a Third Party Supplier. RTI Destination Pd – Terme e Colli - BW incoming, as mere supplier and technical administrator of the Platform, is not a party to the sales agreement between the User and the Third Party Supplier which is entered into solely by the Third Party Supplier and the User under the terms and conditions contained in the applicable General Contract Conditions.
Users can also purchase products and/or services offered on Partners’ or Related Parties’ sites through the Platform for which RTI Destination Pd – Terme e Colli acts as a registration and sales service provider ("Sites powered by RTI Destination Pd – Terme e Colli ").The general contract conditions of RTI Destination Pd – Terme e Colli are outlined below; that is, the general sales conditions applicable to the services specifically indicated on the Portal as "sold by RTI Destination Pd – Terme e Colli " and to the services offered on Partners’ or Related Parties’ sites in the case where the purchase agreement is entered into through the Platform. The general sales conditions of each Third Party Supplier are provided on the data sheet of each service and/or by clicking on the link provided in the summary of the purchases in each step of the purchase procedure.
For the on-line sale of package tours and individual tourist services
Published also in accordance with article12, paragraph 3 of Legislative Decree9.4.2003, no. 70
SECTION A:
CONTENT OF THE TOUR PACKAGE SALES AGREEMENT
For the online sale of tour packages and individual tourist services
Published in accordance with art-12, paragraph 3 of Legislative Decree no.70 of 9.4.2003
SECTION A
TOUR PACKAGES - ORGANIZATION OF JOURNEYS
Besides the general conditions below, the description of the tour package given in the catalogue or in the separate travel programme and the booking confirmation for the services requested by the traveller are an integral part of the travel contract. The tour operator or travel agency, as agent of the traveller, will send the contract to the traveller, and the latter will have the right to receive it from same. By signing the tour package purchase and sales agreement, the traveller must be well aware that such agreement is considered as having been read and accepted, by them and for the subject for which they request the all-inclusive service, as well as the travel contract as regulated therein, the warnings contained therein and these general conditions.
1 LEGISLATIVE SOURCES
The sale of tour packages whose scope is the provision of the services both in Italy and abroad is disciplined by the Tourism Code, specifically from articles 32 to 51- novies as amended by Legislative Decree no. 62 of 21 May 2018, incorporating and implementing Directive EU 2015/2302 as well as by the provisions of the Italian Civil Code concerning transport and agency, insofar as applicable
2 GENERAL INFORMATION
Also for the purposes of art. 7 of Italian Legislative Decree70/2003, Bologna Welcome S.r.l.- BW Incoming, with registered office in Bologna, Piazza Nettuno 1 Postal Code40124, VAT number 03348911201, Taxpayer’s Code 03348911201, Registration in the Bologna Register of Companies no. 03348911201, REABO 512155, is owner of the Travel and Tourism Agency Authorisation no. PG 85128/2014 issued on 29 May 2014 by the Province of Bologna, pursuant to Regional Law of Emilia Romagna no. 7 of 31 March 2003, as amended, pursuant to which it takes part in partnership with SOCIETA' COOPERATIVA CULTURE with registered office in Venezia Mestre, Corso del Popolo n. 40, Taxpayer's Code and Registration in the Venice Register of Companies 03174750277 REA VE no. 286996 and the CONSORZIO DESTINATION MANAGEMENT ORGANIZATION PADOVA with registered office in Padua, Piazza Insurrezione XXVIII Aprile 45 n.1/A, Taxpayer’s Code and Padua Register of Companies no. 04559790284, REA PD-399534 following the annoucement “AFFIDAMENTO DEL SERVIZIO DI INFORMAZION ED ACCOGLIENZA TURISTICA - IAT DEL COMUNE DI ABANO TERME (PD), DEI COLLEGATI SERVIZI DI PROMOZIONE E PROMOCOMMERCIALIZZAZIONE E DEL SERVIZIO DI FORNITURA E GESTIONE DEL PORTALE INTERNET DELLA DESTINAZIONE TURISTICA - CIG 86312160C5” manages the on-line platform, called https://experienceabanomontegrotto.com, aimed at promoting Terme e Colli Euganei as a tourist destination and at selling tourist services on-line; it is the policyholder of Civil Liability Policy for Tourist Organizers and Agents no. 8655951 Europ Assistance Italia SpA, for the coverage purposes pursuant to law (art. 19 and 50 of the Tourism Code);
that the traveller can submit requests for assistance and information to the following addresses: incoming@experienceabanomontegrotto.com, info@experienceabanomontegrotto.com , phone tourist infopoint +39 049 866 9055;
that Bologna Welcome srl is subject to the supervision of the Province of Bologna, pursuant to art. 4 of Emilia Romagna Regional Law no. 7 of 31.3.2003, as amended;
that the sales prices of the packages, expressed as a flat sum or, in any case, inclusive of any taxes, fees and other administrative charges, are specified in the catalogue or off-catalogue programme and in any updates to the catalogues or off-catalogue programmes issued at a later stage.
3.DEFINITIONS.
For the purposes of the tour package, the following definitions apply: a) professional means any individual or public or private legal entity that, within the context of their commercial, industrial, craft or professional activities in organized tourism contract acts, also through another person acting in their name and on their behalf, as an organizer, seller, professional that promotes or provides tourist services pursuant to the provisions of the Tourism Code; b) organizer means a professional that combines packages and sells them or offers them on sale directly or through or jointly with another professional or the professional that transmits the traveller’s data to another professional; c) seller means the professional, other than the organizer, that sells or offers on sale the packages combined by an organizer; d) traveller means anyone who intends to enter into a contract or stipulates a contract or is authorized to travel based on a contract entered into, within the scope of application of the law regarding organized tourism contracts; e) establishment means the establishment defined by article 8, letter e), of Legislative Decree no. 59 of 26 March 2010; f) durable medium means any tool that allows the traveller or the professional to store the information addressed to them personally so as to be able to access it in future for a period of time that is appropriate for the purposes for which it is used and that allows identical reproduction of the stored information; g) unavoidable and extraordinary circumstances means a situation that is outside the control of the party that invokes such situation and whose consequences could not have been prevented even by adopting all reasonable measures; h) conformity defect means a non-fulfilment of the tourist services included in a package; i) sales point means any place, immovable or movable, set up for the retail sale or retail sale website or similar on-line sales tool, also in the case where websites for the retail sale or similar on-line sales tools are presented to the travellers as a single tool, including the telephone service; l) return means the return of the traveller to the point of departure or other place agreed by the contracting parties.
4 CONCEPT OF TOUR PACKAGE
The concept of tour package is: the combination of at least two different types of tourist services such as: 1. transport of passengers; 2. accommodation that is not an integral part of the transport of passengers and is not intended for use as residences, or for long-term language courses; 3. rental of a car, other vehicles or motorcycles that require a category A driving license; 4. any other tourist service that is not an integral part of one of the tourist services as of points 1), 2) or 3), and that is not a financial or insurance service, for the purpose of the same journey or the same holiday, if at least one for the following conditions exist: 1) such services are combined by a single professional, also on the traveller's request or in line with one of their choices, before a single contract for all the services is entered into; 2) such services, even if entered into with separate contracts with individual suppliers, are:2.1) purchased at a single sales point and chosen before the traveller agrees to pay; 2.2) offers, sold or invoiced at a lump-sum or global price; 2.3) advertised or sold under the name of "package" or similar name;
2.4) combined after a contract is entered into with which the professional allows the traveller to choose from a range of different types of tourist services or purchased from professionals through on-line booking processes where the traveller’s name, the payment details and the e-mail address are transmitted by the professional with whom the preliminary contract is entered into to one or more professionals and the contract with the latter professional(s) is entered into no later than 24 hours following confirmation of the booking of the first tourist service.
5.CONTENT OF THE CONTRACT - PURCHASE PROPOSAL AND DOCUMENTS TO PROVIDE
At the time of the conclusion of the tour package sales contract or, in any case, as soon as possible, the organizer or seller provides the traveller with a copy or confirmation of the contract on a durable medium. 2.The traveller is entitled to a paper copy if the tour package sales contract has been signed in person by the parties. 3.As regards contracts negotiated outside the sales premises, defined by article 45, sub-paragraph 1, letter h) of Legislative Decree no. 206 of 6 September 2005, a copy or the confirmation of the tour package sales contract is provided to the traveller on paper or, if the traveller agrees, on another durable medium.4.The contract authorizes access to the guarantee fund referred to in art. 21 below.
6.INFORMATION PROVIDED TO THE TRAVELLER - TECHNICAL DATA SHEET - ONLINE BOOKINGS
1.Before the start of the tour, the organizer or agent provides the traveller with the following information: a) times, stop-over locations and transfers. In the case where the exact time has not been established, the organizer and, if necessary, the seller, inform the traveller of the approximate departure and return time; b) information about the identity of the operating air carrier, if known at the time of the booking, as of provision art. 11 Reg.EC 2111/2005 (Art. 11, sub-paragraph 2 Reg.EC 2111/2005:“Where the identity of the operating air carrier or carriers is not yet known at the time of reservation, the air carriage contractor shall ensure that the passenger is informed of the name or names of the air carrier or carriers that is or are likely to act as operating air carrier or carriers on the flight or flights concerned. In such case, the air carriage contractor shall ensure that the passenger is informed of the identity of the operating air carrier or carriers as soon as such identity and possible prohibition to operate in the European Union is established”; c) location, main characteristics and, where contemplated, the category of the accommodation pursuant to the regulations of the destination country; d) the meals included or not; e) visits, excursions or other services included in the total agreed price of the package; f) the tourist services provided to the traveller as a member of a group and, in this case, the approximate size of the group; g) the language the services are provided in; h) if the journey or holiday are suitable for people with reduced mobility and, on the request of the traveller, accurate information about the suitability of the journey or holiday that takes into consideration the traveller’s needs. Special requests regarding the procedure for providing and/or performing some services included in the tour package, including the need for airport assistance for people with reduced mobility, the request for special meals on board or at the holiday destination must be made at the time of the booking and must be the object of a specific agreement between the traveller and the Organizer, and if pertinent, with the travel agency; i) the total price of the package including taxes and fees, duties and other additional costs, hereby including any administrative and related fees, or, when these are not reasonably calculable before the conclusion of the contract, an indication of the type of additional costs that the traveller may have to pay; j) the methods of payment, including any amount or percentage of the price to pay by way of deposit and the schedule for the payment of the balance, or the financial guarantees that the traveller must pay or furnish; k) the minimum number of people required for the package and the deadline as of article 41, sub-paragraph 5, letter a), before the start of the package for any termination of the contract if the number is not reached; l) general information concerning conditions regarding passports and/or visas, including the approximate times to obtain the visa, as well as health-related formalities in the destination country; m) information about the traveller’s right to withdraw from the contract at any moment before the package starts against payment of an appropriate withdrawal fee or, if contemplated, the standard withdrawal fee requested by the organizer as of article 41, sub-paragraph 1 of Legislative Decree79/2011 and specified in article 10 sub-paragraph 3 below; n) information about the optional and obligatory taking out of an insurance policy that covers the cost of unilateral withdrawal from the contract by the traveller or the assistance costs, including repatriation, in the case of injury, illness or death; o) details of the insurance cover as of article 47, sub-paragraphs l, 2 and 3 of Legislative Decree79/2011;
2. The organizer uploads a technical data sheet to its website https://www.experienceabanomontegrotto.com. This data sheet includes technical information concerning the legal obligations of the Tour Operator, such as, by way of example:- details of the organizer’s administrative or S.C.I.A authorization; - details of the guarantees for travellers as of article 47 the Tourism Code;- details of the civil liability insurance policy; - period of validity of the catalogue or custom programme; - travel price adjustment parameters and criteria (Art. 39 of the TourismCode).
3.Pre-contractual information – On Line contract conclusion procedure (article 12 of Legislative Decree 70/2003):
a) The booking proposal must be drafted on a specific form that can be filled in on-line in the relative section of the Portal that, in accordance with the provisions of art. 13, sub-paragraph 2 of Italian Legislative Decree 70/2003, contains the essential characteristics of the package, a detailed indication of the price and method of payment, information regarding the exclusion of the right of withdrawal pursuant to art. 52 of Italian Legislative Decree no. 206 of 6.9.2005, and the penalties for unilateral withdrawal by the traveller.
b) Once every part of the booking form has been filled in and confirmed by the traveller, the booking system will generate an automatic email notification that will be sent to the customer, the Organizer and the suppliers involved that will be valid as a receipt under art. 13, paragraph 2 of Italian Legislative Decree no.70/2003.
c) The User can change and correct any data entry errors before submitting the booking proposal.
To this end, RTI Destination Pd – Terme e Colli offers the traveller the following means to enable identification/correction of any data entry errors:
d) The journey Organization Contract can be considered concluded through the Portal only at the time when Bologna Welcome S.r.l.- BW Incoming sends the traveller a booking confirmation communication by means of automatic email through the booking system.
e) Both the booking proposal, and relative confirmation, can be considered received when the automatic communication has been sent by the system, without generating any error messages.
f) the travel organization contract will be filed in the dedicated section of the portal and the traveller will be able to access it directly from the home page, entering their credentials.Any other aspect related to the policy regarding the collection, processing and storage of personal data is illustrated in the "Privacy Conditions" document that can be consulted and downloaded from the Portal.
g) Besides Italian, these “Sales Conditions” are also available in English.
7.PAYMENTS
The amount of the down payment, which cannot exceed 25% of the price of the Tour Package, and which must be paid upon ordering/booking or upon submitting a legally binding request and the date of payment of the outstanding balance of the aforesaid amount shall be described in the catalogue, custom tour plan or in any specific instructions published by the Tour Organizer and also, at the time of booking, in the Offers and Accommodation sections in the Portal.
Failure to pay the above mentioned amounts by the due dates constitutes grounds for termination of Contract by right on part of the organizer pursuant to article no.1456 of the Italian Civil Code.
8.PRICE
The price of the package is specified in the contract and references the catalogue or the custom tour plan and subsequent updates thereof, all published in and downloadable from the Offers and Accommodation sections of the Portal. The price may be changed, pursuant to art. 40 of the Tourism Code up to 20 days prior to the date of departure (considering in this time frame the day the communication is sent) only as a consequence of changes in:
a) transportation costs, including fuel;
b) rights and taxes on certain types of tourist services such as taxes, fees or charges for landing, embarkation or disembarkation at ports and airports;
c) municipal tourist taxes or entrance fees;
d) exchange rates applied to the package in question.
For these changes, reference will be at the exchange rates and costs mentioned above in force at the date of publication of the programme, as reported in the technical data sheet of the catalogue, or at the date indicated in any updates mentioned above.
Fluctuations in said costs shall affect the lump sum price of the package in the percentage indicated in the catalogue or custom tour plan.
In the case of a reduction in the price, the organizer is entitled to deduct the administrative and management costs of the contract from the refund due to the traveller, of which it must provide proof when requested by the traveller. The price can be broken down as follows; a) subscription and administrative fee; b) participation fee: specified in the catalogue and in the quote for the package provided to the agent or traveller; c) any cost of insurance policies covering the risk of cancellation and/or medical costs or other services; d) cost of visas or entry and exit fees established by the destination countries; e) airport and/or port charges and duties.
9.MODIFICATION OR CANCELLATION OF THE TOUR PACKAGE BEFORE DEPARTURE
The Tour Operator reserves the right to unilaterally modify the contract conditions, barring the price, where the modification is of negligible importance. The communication is made clearly and accurately using durable medium such as email;
2.If, before the departure, the organizer needs to make major modifications to one or more main characteristics of the tourist services as of article 34, sub-paragraph 1, letter a) or cannot satisfy the specific requests made by the traveller and already accepted by the Organizer, or proposes an increase in the price of the package of more than 8%, the traveller can accept the modification or withdraw from the contract without paying the corresponding withdrawal fee; 3.If the traveller does not accept the modification proposal as of sub-paragraph 2, exercising the right of withdrawal, the organizer can offer the traveller an alternative package of the same or higher quality;
The organizer informs the traveller clearly and accurately, by email and without unjustified delay, of the modifications proposed as at sub-paragraph 2 and of their impact on the price of the package as of sub-paragraph 6; 5.The traveller communicates his/her choice to the organizer or the agent, within two working days following receipt of the communication indicated in sub-paragraph 1.If no communication is received by the aforementioned deadline, the proposal formulated by the organizer will be considered to have been accepted; 6.If the modifications to the tour package sales contract or the alternative package as of sub-paragraph 2 result in a package of an inferior quality or cost, the traveller is entitled to an appropriate reduction in the price; 7.In the case of withdrawal from the tour package sales contract pursuant to sub-paragraph 2 and, if the traveller does not accept the alternative package, the organizer will reimburse without unjustified delay and in any case within 14 days following withdrawal from the contract, all the payments made by or on behalf of the traveller and same entitled to compensation for non-performance of the contract, barring the cases indicated below: a) no compensation for the cancellation of the tour package is due when same cancellation depends on the fact that the minimum number of participants is not reached; b) no compensation for the cancellation of the tour package is due if the organizer demonstrates that the lack of conformity is attributable to causes of force majeure or unforeseeable circumstances; c) moreover, no compensation for the cancellation of the tour package is due when the organizer demonstrates that the lack of conformity is attributable to the traveller or to a third party extraneous to the supply of the tourist services included in the tour package contract and it is unforeseeable or unavoidable.
10.WITHDRAWAL BY THE TRAVELLER
The traveller can withdraw from the contract without paying penalties in the following cases:- increase in the price exceeding 8%; - major changes to one or more elements of the contract that are objectively fundamental for the enjoyment of the tour package considered as a whole and proposed by the organizer after the conclusion of the contract but before departure and not accepted by the traveller; - the specific requests made by the traveller and already accepted by the organizer cannot be fulfilled. In the cases mentioned above, the traveller can:- accept the alternative proposal if offered by the organizer; - request refund of the amounts already paid. Such refund must be made in the times indicated in the previous article.2.In the case of unavoidable and extraordinary circumstances arising at the place of destination or in the immediate surroundings that have a significant impact on the performance of the package or on the passenger transport towards the destination, the traveller is entitled to withdraw from the contract before the start of the package without having to pay a withdrawal fee as well as full refund of the payments made for the package, but is not entitled to any supplementary compensation; 3.The traveller that withdraws from the contract before the departure for any reason including unforeseen or supervening ones, outside the cases listed in the first paragraph, or those established in article 9, sub-paragraph 2, will be charged - regardless of the payment of the down payment as of article 7 sub-paragraph 1 - the cost for the administrative formalities and any costs of insurance policies already requested at the time of the conclusion of the contract or for other services already rendered, the penalty for the amount indicated below, without prejudice to any more restrictive conditions - linked to high season periods or full occupation of the structures - that will be communicated to the traveller during the quotation stage before the contract is signed:• Tour packages with special or IT ordinary scheduled flights and accommodation in hotels, apartments, residences, villas or holiday villages with hotel formula • Group tour packages with other means of transport:- 10% of the participation fee from the time of the booking up to 30 days (*) before departure; - 30% of the participation fee from 29 to 21 days (*) before departure; - 50% of the participation fee from 20 to 10 days (*) before departure; - 75% of the participation fee from 9 days to 5 days (*) before departure; - 100% of the participation fee after this deadline. (*) The days are considered business days, therefore excluding Saturdays and public holidays; the day of departure and the day on which the cancellation is communicated are excluded
Withdrawal of the consumer from packages with departure between 15 December and 03 January:
Any cancellation penalties for packages included in the above-stated period will be managed as follows:•50% of the participation fee up to 60 days date/departure; •75% of the participation fee from 59 to 40 days date/departure; •100% of the participation fee for cancellations received in the final 39 days. The conditions indicated above will not apply in any case to products (by way of example only: special rate airline tickets, luxury resorts, group tours, and others) for which there is a more restrictive regime regarding the cancellation penalty and which will be communicated during the quotation stage; therefore, before the service is booked. The traveller bears the costs of the practice opening fee and the insurance premium (if purchased). No refund will be due to the traveller who voluntarily interrupts the journey or the stay. The non-attributability to the traveller of the impossibility of making use of the holiday does not justify withdrawal without penalties, established by law only in the objective circumstances identifiable at the place of destination of the holiday as of sub-paragraph 2 or in the cases as of sub-paragraph 1, as it is possible to insure oneself against the economic risk linked to the cancellation of the contract, by taking out a specific insurance policy, when not contemplated in an obligatory form by the organizer.4.In the case of pre-formed groups, the withdrawal penalties will be the subject of a specific agreement on a case by case basis on stipulation of the contract; 5.Journeys that include the use of scheduled flights with special rates are excluded from the indication of the penalty percentage indicated above. In these cases, the conditions regarding the cancellation penalties are deregulated and much more restrictive and are indicated in advance during the tour package quotation stage; 6.The organizer can withdraw from the tour package contract and offer the traveller a full refund of the payments made, but must pay supplementary compensation if:- the number of people registered for the package has not reached the minimum established by the contract and the organizer communicates withdrawal from the contract to the traveller within the time limit set in the contract and, in any case, no later than twenty days prior to the start of the package in the case of journeys that last more than six days, seven days prior to the package in the case of journeys that last between two and six days, forty-eight hours prior to the start of the package in the case of journeys that last fewer than two days; - the organizer is not able to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from same to the traveller without unjustified delay before the start of the package. 7.The organizer makes all the refunds established as of sub-paragraphs 2 and 6 without unjustified delay and in any case within 14 days following the withdrawal. In the above-stated cases, functionally related contracts signed with third parties will be terminated.
In the case of contracts negotiated outside the commercial premises, the traveller is entitled to withdraw from the tour package contract from the date of conclusion of the contract or from the date on which the contractual conditions and the preliminary information are received if subsequent, without penalties and without providing any reason whatsoever. The right of withdrawal is excluded in the case of quotations with rates that are significantly lower than the competitors’ ones. In this final case, the organizer documents the variation in the price, appropriately highlighting the exclusion of the right of withdrawal.
11.ORGANIZER’S RESPONSIBILITY FOR INCORRECT PERFORMANCE AND SUPERVENING IMPOSSIBILITY DURING THE PERFORMANCE - TRAVELLER'S OBLIGATIONS - TIMELINESS OF THE DISPUTE
The organizer is responsible for the performance of the tourist services included in the tour package sales contract, whether they are provided by same organizer, by their assistants or agents when acting within the scope of their duties, by third parties whose services they make use of or by other suppliers of tourist services in accordance with article 1228 of the Italian Civil Code. 2.In accordance with the obligations of honesty and good faith as of articles 1175 and 1375 of the Italian Civil Code, the traveller informs the organizer, directly through the seller, in good time, bearing in mind the specific circumstances, of any conformity defects identified during the performance of a tourist service included in the tour package sales contract. 3.If one of the tourist services is not performed as established in the tour package sales contract, the organizer remedies the conformity defect, unless this is impossible or is excessively costly, bearing in mind the entity of the conformity defect and the value of the tourist services affected by the defect. If the organizer does not remedy the defect, the traveller is entitled to a reduction in the price as well as compensation for the damages borne as a result of the conformity defect, unless the organizer demonstrates that the conformity defect is attributable to the traveller or to a third party not involved in the provision of the tourist services or is of an unavoidable or unforeseen nature or is due to extraordinary and unavoidable circumstances. 4.Without prejudice to the exceptions indicated above, if the organizer does not remedy the conformity defect in a reasonable period of time set by the traveller with the complaint communicated in the ways established in sub-paragraph 2, same traveller can personally remedy the defect and request refund of the necessary, reasonable and documented expenses; if the organizer refuses to remedy the conformity defect or if it has to be remedied immediately, the traveller is not required to specify a deadline. If a conformity defect represents an important non-fulfilment and the organizer has not remedied same with the complaint made by the traveller in a timely way, in relation to the duration and characteristics of the package the traveller may terminate the contract with immediate effect, or request - where appropriate - a reduction in the price, without prejudice to compensation for damages.If, after the departure, the Organizer is unable to provide, for any reason barring facts or actions of the traveller, an essential part of the services as of the contract, they must arrange for adequate alternative solutions to be implemented for the continuation of the programmed journey without this entailing any costs to the traveller, or refund the latter within the limit of the difference between the services originally established and those rendered. The traveller can refuse the alternative solutions proposed only if they are not comparable with those established in the contract or if the reduction in the price granted is inadequate. If no alternative solution is possible, i.e. the solution prepared by the organizer is refused by the traveller because it is not comparable with that established in the contract or because the reduction in the price granted is inadequate, the organizer will provide a means of transport equivalent to the original one without a surcharge to return to the place of departure or to a different place that the parties agree on, subject to the availability of the means of transport and places, and will refund the difference between the cost of the services envisaged and the cost of the services performed up to the time of premature return.
12.SUBSTITUTIONS AND VARIATIONS TO THE PACKAGE
The traveller, subject to notice given to the organizer on a durable medium by and no later than seven days before the start of the package, can assign the tour package sales contract to a person that meets all the conditions for the use of the service. 2.The assignor and assignee of the tour package sales contract are jointly responsible for the payment of the balance of the price and for any duties, taxes and other additional costs, hereby including any administrative fees resulting from such assignment. 3.The organizer informs the assignor of the actual costs of the assignment, that do not exceed the costs actually borne by the organizer as a consequence of the assignment of the tour package sales contract and provides the assignor with proof regarding the duties, taxes and other additional costs resulting from the assignment of the contract.
13.TRAVELLERS’ OBLIGATIONS
Without prejudice to timely communication of conformity defects, as established in article 11, sub-paragraph 2, travellers must fulfil the following obligations: 1.For information about the expatriation of minors, reference should be made expressly to the indications provided on the website of the Italian State Police. In any case, it is noted that minors must be in possession of a personal document valid for travel abroad; that is, a passport or, for EU member states, also an identity card valid for travel abroad.
As regards children under 14 years of age leaving the country and those for whom the Authorization of the Judicial Authorities is necessary, the instructions provided on the Italian State Police’s website http://www.poliziadistato.it/articolo/191/ must be followed.
Foreign citizens must find similar information from their diplomatic missions in Italy and/or their official government information channels. In any case, before departure, travellers must check for updates from the competent authorities (for Italian citizens the local police headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Call Centre at number 06.491.115), complying with any obligations before the journey. If the traveller does not make this check, no responsibility can be attributed to the agent or to the organizer if one or more travellers is denied departure.
In any case, travellers must inform the agent and the organizer of their citizenship when they ask to book the tour package or tourist service and, at the time of departure, they must be sure to have the vaccination certificates, passports and any other document valid for all the Countries included in the itinerary, as well as any residence, transit and health certificates that may be required.
Moreover, to assess the social/political safety and health situation and all other useful information about the destination Countries and, therefore, the objective usability of the services purchased or to be purchased, the traveller must obtain general official information from the Ministry of Foreign Affairs and provided on the Farnesina's (Home of the Ministry of Foreign Affairs in Rome) website www.viaggiaresicuri.it. The above-stated information is not included in the Tour Operator's catalogues - on-line and paper version - as these contain descriptive information of a general nature as provided for by article 34 of the Tourism Code and not information of a temporally changing nature. Information must therefore be obtained by the travellers themselves.
Where, at the time of the booking, the chosen destination is subject to “warning” for reasons of safety on the institutional channels, the traveller that subsequently exercises withdrawal cannot invoke, for the purpose of exemption or reduction of the request for compensation for the withdrawal made, loss of the contractual purpose linked to the safety conditions in the Country.
Travellers must also comply with the rules of normal prudence and diligence and with the specific rules in force in the countries of destination, with all information provided to them by the organizer, as well as with the regulations and administrative or legislative provisions relating to the tour package. Travellers will be required to answer for all damages that the organizer and/or the agent suffer also due to non-compliance with the aforementioned obligations, including repatriation costs.
The traveller must provide the organizer with all the documents, information and elements in their possession required to exercise the right of subrogation vis-à-vis third parties responsible for the damage and is responsible to the organizer for the damage caused to the right of subrogation.
The traveller shall also communicate to the organizer in writing, at the time of the tour package sales contract is proposed and, therefore, before sending confirmation of the booking of the services by the organizer, any special personal requests that may be the object of specific agreements regarding the journey, providing that such requests can be fulfilled and, in any case, are the object of a specific agreement between the traveller and the organizer (see article 6, sub-paragraph 1, letter h).
14.HOTEL CLASSIFICATION
The official classification of hotel facilities is included in the catalogue or in other informative material based solely on the formal, express guidelines of the competent authorities of the country the service is offered in. In the absence of official classifications recognised by the competent public authorities of the countries – members of the EU – to which the service refers, or in cases of structures marketed as “Tourist Village”, the organizer reserves the right to provide a description of the accommodation in the catalogue or in the brochure to allow the traveller to assess and consequently accept the proposal.
15.LIABILITY
The Organizer is liable for damages caused to travellers as a result of partial or full breach of contract, regardless of contract services being provided directly by the Organizer or by third party service providers, unless the Organizer proves that the event was caused by actions of the traveller (including initiatives taken by the traveller during the enjoyment of tourist services) or by the unforeseeable or unavoidable action of a third party, by unavoidable circumstances outside the scope of the services provided under this contract, by accident, by force majeure, or by circumstances that the Organizer could not, in accordance with professional diligence, reasonably foresee or forestall.
The agent with which the tour package is booked is not liable for obligations linked to the organization and performance of the journey, but solely for the obligations arising in its capacity as agent and for the performance of the assignment granted to same by the traveller as specifically established by article 50 of the Tourism Code, including the guarantee obligations as of article 47.
16.LIMITS OF COMPENSATION AND PERIOD OF LIMITATION
Compensation as of articles 43 and 46 of the Tourism Code and related period of limitation is regulated as established in such articles and in any case within the limits set in International Conventions that regulate the services offered in a tour package as well as articles 1783 and 1784 of the Italian Civil Code, with the exception of injury to persons not subject to a set limit. a. The right to reduce the price or compensation for damages due to modifications to the tour package sales contract or to the alternative package contract, expires two years following the date of the traveller’s return to the point of departure. b. The right to compensation for injuries to persons expires three years following the date of the traveller's return to the point of departure or the longer period of time established for compensation of injuries to persons by the provisions that regulate the services included in the package.
17.POSSIBILITY OF CONTACTING THE ORGANIZER THROUGH THE SELLER
The traveller can address messages, requests and complaints regarding the performance of the package directly to the seller from which he/she has purchased it that, in turn, will send them in a timely manner to the organizer. 2.For the purpose of compliance with the deadlines or periods of limitation, the date on which the seller receives messages, requests or complaints as of the paragraph above is considered the one on which the organizer also receives same.
18.OBLIGATION OF ASSISTANCE
The organizer provides adequate assistance, without delay, to travellers in trouble also in the circumstances as of article 42, sub-paragraph 7 and, specifically, provides appropriate information about the health services, local authorities and consular assistance and helps the traveller to make remote communications and find alternative tourist services. The organizer can demand payment of a reasonable cost for this assistance if the problem is caused intentionally by the traveller or due to their fault, within the limits of the costs actually borne.
19.INSURANCE FOR CANCELLATION AND REPATRIATION COSTS
If not expressly included in the price, it is possible and advisable, when a booking is made at the organizer's or seller’s offices, to take out special insurance policies to cover the costs of cancellation of the package, injuries and/or illness that also cover the cost of repatriation and the loss of and/or damage to luggage. The rights arising from insurance contracts must be exercised by the traveller directly with the relative Insurance Company under the conditions and in the ways established in the policies, as specified in the policy conditions published in the catalogues or in the pamphlets provided to the travellers at the time of departure.
20.ALTERNATIVE MEANS OF DISPUTE RESOLUTION
Pursuant to and with the effects of art. 67 of the Tourism Code, the organizer may propose to the traveller – in the catalogue, documentation, on its website or in other forms – alternative means for settling disputes that have arisen. In this case, the organizer will specify the type of alternative settlement proposed and the effects that such method entails.
21.TRAVELLER’S GUARANTEES - FUND TO PROTECT TRAVELLERS (art. 47 Tourism Code)
Organized tourism contracts are backed by appropriate guarantees provided by the Organizer and the Travel Agent that, for trips abroad and for trips in a single country, guarantee, in the case of insolvency or bankruptcy of the agent or organizer, refund of the price paid to purchase a tour package and immediate repatriation of the traveller. In accordance with the provisions of Italian Legislative Decree no. 62 of 21 May 2018, Bologna Welcome is a member of the consortium Guarantee Fund VACANZE GARANTITE® set up by the internal consortium VACANZE GARANTITE® with certificate no. 2021081074AT. The details of the legal entity that, on behalf of the Organizer, is obliged to furnish the guarantee, are indicated in the catalogue and/or on the Organizer’s website and may also be indicated the booking confirmation of the services requested by the traveller.
22.OPERATING MODIFICATIONS
Considering that the catalogues providing information about the services are published well ahead of time, it is noted that the times and routes of the flights indicated in the purchase and sales proposal acceptance may change as they are subject to subsequent confirmation. To this end, the traveller must request confirmation of the services from their Agency before the departure. The Organizer will inform the passengers of the identity of the actual airline in the times and ways set forth in article 11 of Reg. EC 2111/2005 (referred to in article 5).
SECTION B:
TOUR PACKAGE OR INDIVIDUAL TOURIST SERVICES AGENCY SERVICES
22. LAW SOURCES
Contracts whose object is solely a transport service, solely accommodation, or any other separate tourist service, not falling within the framework of the organization of a journey - that is, a tour package - are not covered by the guarantees established for travellers by European Directive 2015/2302. The seller who offers a single tourist service to third parties, also by electronic means, must hand over to the traveller the documents relating to this service that show the sum paid for the service and cannot in any way be considered a tour organizer.
SECTION C:
BOOKING OF FREE SERVICES
If free products or tickets are booked, the sales conditions, as far as compatible, are the same as those of the paid products.
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PRIVACY POLICY
Travellers are informed that their personal data, whose collection is necessary to conclude and perform the travel contract, will be processed manually and/or using electronic means in accordance with applicable law provisions. Refusal to provide these data will make it impossible to finalize and perform the contract.The rights contemplated by applicable laws and regulations - by way of example, the right to request access to personal data, their rectification, erasure or restriction of their processing, object to such processing, portability of the data and the right to lodge a complaint with a supervisory authority - can be exercised with the controller. For further information about data processing by the organizer refer to the following section of the website https://www.experienceabanomontegrotto.com where you will find the Privacy Policy.
MANDATORY COMMUNICATION
PURSUANT TO ARTICLE 17 OF ITALIAN LAW 38/2006.
Italian law punishes crimes related to prostitution and pornography with imprisonment, even if committed abroad.
